Blaw Ch 14-15

Front 1

An employment (of an agent) for the purpose of representation in establishing relations between a principle and third parties

Back 1

Blacks Law dictionary- an agency relationship

Front 2

Employment relationship ("three types)

Back 2

principle agent, Master Servant, Independent contractor

Front 3

Can hold an employer liable for employee

Back 3

vicarious liability

Front 4

3 ways to protect an emplyee

Back 4

contract, employee handbook, be part of a union

Front 5

Discharged from all your debts, only in federal court

Back 5

Bankruptcy

Front 6

the power to change the principle's legal obligations

Back 6

Authority

Front 7

Someone designed to do all acts that can be legally granted to an agent. The agent is usually given a general power to do all the business transactions on behalf of the principle

Back 7

universal agent

Front 8

a person authorized to execute all transactions connected with a business such as manager who runs all aspect of a hotel the principle may limit the general agents authority

Back 8

general agent

Front 9

an agent with authority to to represent a the prinicple only for a specific transaction, usually short amount of time

Back 9

special agent

Front 10

when an agent pays for the rights to have authority of a business.

Back 10

agency coupled with an interest

Front 11

when a person volunteers with no expectation of being paid for serrvices.

Back 11

gratuitious agent

Front 12

when principle authorizes an agent to delegate authority to other agents

Back 12

subagents

Front 13

an agency can be established by

Back 13

agreement of the parties, ratification of the agent's activities by the principle, application of the doctrine estoppel, operation of law

Front 14

ratification can be

Back 14

express or implied

Front 15

The principle and agent establish the agency by an written or oral contract.

Back 15

Agency by Agreement of the Parties

Front 16

an agency is created by the words or actions of a principle although no formal agency exists

Back 16

agency my estoppel

Front 17

the courts may impose an agency relationship if an emergency exists. (hurricane headed to florida)

Back 17

Agency by operation of Law

Front 18

authority given by the principle to an agent

Back 18

express authority (also called real authority)

Front 19

written or oral instructions given to the agent by the priciple

Back 19

express authority

Front 20

do whatever is reasonable to carry out the agencies purpose

Back 20

implied authority

Front 21

principal creates appearance of authority

Back 21

apparent authority

Front 22

The principle must provide responsibilities defined in the agreement of forming an agency. principle must provide a safe working environment and warn agent of unreasonable risk associated with the agency

Back 22

duty to cooperate

Front 23

principle has a duty to pay a reasonable value for services provided

Back 23

duty to compensate

Front 24

the principal is expeceted to pay reasonable expenses (traveling lodging)

Back 24

duty to reimburse

Front 25

duty to pay for damages or insure the agent against losses suffered while undertaking authorized actions

Back 25

duty to indemnify

Front 26

place principals interests before the agents personal interests

Back 26

duty of loyalty

Front 27

Agent ignores the principles instructions and is liable to the principle

Back 27

duty of obedience and performance

Front 28

the duty is to perform responsibilities with the degree of carethat reasonable person would exercise under the circumstances

Back 28

exercise reasonable care

Front 29

the agent must be able to show where the proerty comes froma nd goes to

Back 29

duty to account

Front 30

The agency relationship is voluntary. thus when the party leaves or when the consent comes to ends the agency is

Back 30

terminated

Front 31

certain events automatically terminate an agency, agency ends without any action

Back 31

termination by operation of law

Front 32

contracts with another to do something for him but is not controlled by the other (employers not liable)

Back 32

independent contractor

Front 33

Employer has direct control over employee. (employers may be liable)

Back 33

employer-employee, also called master-serrvant

Front 34

workers may quit at any time and employees may fire employees at any time

Back 34

employee at will doctrine

Front 35

Requires acurate financial reporting

Back 35

sarbanes-oxley act

Front 36

Respondent Superior (let the master answer)

Back 36

The law of imposing vicarious liability upon an innocent principal

Front 37

Primary tool through which local, state, and federal governments perform regulatory functions

Back 37

Administrative agencies

Front 38

First federal agency was the

Back 38

Interstate Commerce Commmission (ICC) 1887 to regulate railroads

Front 39

authority of the government, other than a legislature or a court, created to administer a particular law

Back 39

Administrative Agency

Front 40

Congress gives an agency power and authority through a

Back 40

legislative delegation

Front 41

Statute delegating those powers to the agency is an

Back 41

enabling statute

Front 42

Administrative agencies are created when a prolem requires

Back 42

expertise and supervision

Front 43

Administrative law consists of legal rules. Administrative law include

Back 43

1) The enabling statutes of administrative agencies. 2) the administrative procedures act. 3) Rules issued by administrative agencies. 4) court decisions reviewing validity of agency actions

Front 44

primary structure of administrative law is determined by the

Back 44

administrative procedures act (APA)

Front 45

Enacted y congress in 1946, APA administrative procedures act defines the ___ and formalities for federal angencies

Back 45

procedural rules

Front 46

in general rule making is classified as

Back 46

substantive(legislative), interpretive, or procedural

Front 47

When an agency issues a substantive rule or regulation, under its grant of authority by congress, the rule is a federal law

Back 47

Substantive or Legislative Rules

Front 48

statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule.

Back 48

interpretive rules

Front 49

detail an agency's structure and describe its method od operation and its internal practice

Back 49

procedural rules

Front 50

usually most important rule

Back 50

substantive

Front 51

rules is approved and published in

Back 51

the Federal register

Front 52

The public comments on the for for _____ before rule is finalized

Back 52

60-90

Front 53

Agency aquires information by

Back 53

self reporting, direct observation (OSHA inspections) , or a subpoena

Front 54

a legal instrument that directs the person receiving it to appeear at a specified time and place to testify or produce documents

Back 54

subpoena

Front 55

a formal agency process under APA rules which are similar to those followed in a trial

Back 55

Adjudicatory Hearing

Front 56

Presides over adjudicatory hearings

Back 56

Administrative law judge (ALJ)

Front 57

External check on agency power

Back 57

judicial review

Front 58

concerns whether an agency action is final so as to allow judicial review

Back 58

ripeness doctrine

Front 59

Requires a party to complete all agency appeals procedures before turning it into a court review

Back 59

exhaustion doctrine

Front 60

determines how far it can go in examining the action

Back 60

scope of review

Front 61

makes most documents held by federal agencies avaiable to the public

Back 61

Freedom of information act (FOIA)

Front 62

give citizens more control over what information is collected about them and how that info is used

Back 62

privacy act

Front 63

to limit secret meetings by agencies

Back 63

government in the sunshine act